Flynn before en banc DC Circuit

Tuesday, August 4, 2020
 | 
Steve Jordahl (OneNewsNow.com)

Flynn freed (with attorney)An attorney says the partisanship in the case against General Michael Flynn is unprecedented.

US Army General Michael Flynn was caught up in the Obama administration's spying scandal on President Trump and was charged with lying to the FBI. But when the investigation was exposed as a sham, the Justice Department, now under Attorney General Bill Barr, decided to drop all charges and ordered the court to drop the case.

But presiding Judge Emmet Sullivan still wanted his pound of flesh. The Heritage Foundation's Zach Smith says even a decision from the powerful DC Circuit Court of Appeals could not sway Sullivan.

"Judge Sullivan was not happy with that decision, and so he actually asked the entire DC Circuit, sitting en banc … to review that three-judge panel, and potentially he would hope that they would rule in his favor," Smith reports.

As the DC Court of Appeals has set the hearing for August 11th, Smith says he has never seen such naked partisanship from the federal bench.

"These actions by Judge Sullivan really are unprecedented," the legal fellow asserts. "It's virtually unheard of in a criminal proceeding at the trial level for a judge to essentially appoint another private citizen to argue against dismissing charges against another private citizen."

As for the charge of lying to the FBI, Smith says it is in no way supported by the law.

"In order to commit that violation, you not only have to lie to federal agents, [but] your lie has to be material in some way, presumably to an ongoing investigation. Because anything he says wasn't material, by law he could not have committed the crime he was charged with," Smith concludes.

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